Top Democrats Urge Department of Education to Maintain Rule Intended to End Harmful Practices for Students of Color and Children with Disabilities

“Delaying the regulation undermines the fundamental goals of the Individuals with Disabilities Education Act (IDEA), disregards Congress’s intent to meaningfully address significant disproportionality in our nation’s schools, and jeopardizes educational opportunity for millions of children of color.”

WASHINGTON – Ranking Member Bobby Scott (D-VA), House Committee on Education and the Workforce, Ranking Member Patty Murray (D-WA), Senate Committee on Health, Education, Labor, and Pensions submitted a public comment to Assistant Secretary Johnny Collett, Office of Special Education and Rehabilitation Services, to express their strong objection to any delay of the “Equity in IDEA” rule. This rule is intended to reduce the over- and under-identification of students of color in special education, the placement of students of color in more restrictive educational settings, and high discipline rates of students of color with disabilities.

“We urge the U.S. Department of Education (the Department) to maintain the current timeline of compliance, and firmly oppose any proposal to delay efforts to correct the disparate treatment of students of color with disabilities and direct federal resources to address gross inequities,”the Members wrote.“Delaying the regulation undermines the fundamental goals of the Individuals with Disabilities Education Act (IDEA), disregards Congress’s intent to meaningfully address significant disproportionality in our nation’s schools, and jeopardizes educational opportunity for millions of children of color.”

The Individuals with Disabilities Education Act (IDEA) is clear that schools must address these disparities, yet the Department has failed to adequately enforce the law and schools have failed to make meaningful changes as a result. More than a decade later, an entire generation of children have grown up in and graduated from a system that tolerates pervasive inequity for students of color and children with disabilities —it is past time to take action. The Members of Congress urged the Department of Education to implement the Equity in IDEA rule without delay.